Last Updated: January, 2022.
Your use of nesdatrakonline.ca is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using the website.
Amendments to these Terms and Conditions may be made from time to time, including, but not limited to, all content, without notice to you. Continued use of the website, should you deem to find the/any amendment unacceptable, will be viewed as your having accepted the/any amendment.
You warrant that you possess the legal right and ability to agree to these Terms and Conditions and use the website in accordance with them. If you are using the website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms and Conditions on behalf of such organization and all references to “you” throughout these Terms and Conditions will include such organization, jointly and severally with you.
The nesdatrakonline.ca website may contain links to websites owned or operated by other entities which are not associated or affiliated with Nesda Technologies Ltd or nesdatrakoline.ca. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Nesda Technologies Ltd of the linked website or information contained therein or of their security or privacy practices. Nesda Technologies Ltd will not be responsible for the content of any other linked website and makes no representation or warranty regarding any other websites or the contents on such websites. If you decide to access other websites, you do so at your own risk.
We may assume the right, at any time, to insert advertising data into the website, as long as this does not involve our transmission of any of your personal information contradictory to the Privacy Statement.
You acknowledge and agree that the technical processing and transmission of the website, including your content and any other content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
We grant to you a non-exclusive, non-transferable, limited license only to use the website, in accordance with the provisions set out in these Terms and Conditions. All rights not expressly granted to you in these Terms and Conditions are reserved by us and, if applicable, our licensors.
If your use of the website requires an account identifying you as a user of the website (an “Account” or “Login”), then, you are solely responsible for;
- your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and
- any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission
You agree to immediately notify us of;
- any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or
- any other breach of security with respect to your Account or any service provided through it, and
You agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
The website depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the website is on a “commercially reasonable efforts” basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
Without limiting the generality of any other restriction in these Terms and Conditions, you agree that you will not, in connection with the website, directly or directly do or permit any of the following:
- post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that
- is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
- contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
- is defamatory, infringing, or unlawful,
- is inappropriate, profane, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls will in no event be our responsibility),
- gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation, or
- constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
- engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
- scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
- forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the website;
- impersonate or falsely represent your association with any person, including a representative of us;
- disrupt or threaten the integrity, operation or security of any website, any computer or any Internet system;
- disable or circumvent any access control or related process or procedure established with respect to the website;
- sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal business purposes), any portion of, use of or access to, any website, except where expressly authorized by us; or
- extract, gather, collect, or store personal information about others without their express consent.
Without limiting any of our rights, we may suspend, restrict or terminate your use of the website without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the acceptable use rules set out above.
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the website or our or any third party’s equipment or network is impaired by your use of the website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the website.
Using the website provides acknowledgment, and acceptance, of all terms and conditions.
Some jurisdictions prohibit the disclaimer of certain warranties or conditions of the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these terms and conditions, such exclusions and limitations will not apply to you strictly to the extent necessary to make these terms and conditions consistent with such prohibitions. If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right.
The parties have requested and agree that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
The nesdatrakonline.ca website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Nesda Technologies Ltd, and/or its various subsidiaries, affiliates, Nesda Technologies Ltd, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on nesdatrakonline.ca may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Nesda Technologies Ltd and/or the applicable Third Parties.
Nesda Technologies Ltd, nesdatrakonline.ca, and all other Nesda Technologies Ltd related trademarks and design marks displayed on nesda.ca (collectively, the “Trademarks”) are registered and common law trademarks of Nesda Technologies Ltd. Other trademarks and design marks appearing on this website are trademarks of their respective owners.
All login names and passwords remain the property of Nesda Technologies Ltd, and may be cancelled or suspended at any time by Nesda Technologies Ltd without any notice or liability to you or any other person. Nesda Technologies Ltd is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You shall indemnify and save harmless Nesda Technologies Ltd, and any Third Parties, and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of nesdatrakonline.ca.
The relationship between Nesda Technologies Ltd and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of nesda.ca.
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Belleville, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of nesda.ca and these Terms and Conditions.
For quoting, or estimating, purposes;
- All prices are plus applicable taxes.
- Invoicing will be done monthly and emailed to the email account you provide.
- Invoicing for labour will be 30 days.
- Nesda Technologies Ltd reserves the right to change rates with 60 days’ written notice provided.
- Termination of this service requires 60 days’ written notice and can be initiated by either party. Upon termination, funds are not refunded or prorated.
- Transition services provided, in the case of termination of this service, will be done under time and materials rules for invoicing.
- Please note that should anything come up during a project, that falls outside of the scope of work included in any estimate, will be invoiced as over and above. This includes any work done by any other person besides an employee of Nesda Technologies Ltd (NTL), in which NTL was not made aware of said work having been done, and has an effect on the timelines or cost of any estimate.
- Nesda Technologies Ltd. takes no responsibility for the lack of audit information when usernames are shared.
- A minimum of 0.5 hr. will be added to the estimate should investigation of any products/software/services be required to ensure compatibility with your network.
- Nesda Technologies Ltd takes no responsibility or liability for any breach of legislation regarding PHI or privacy which occurred due to the non-use of security protocols.
- Confirmation is required from you for the work described above.
- Please indicate any PO numbers to be used for this work.
“Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.